Ownership and Development Agreements and cases

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  1. Review of Issues
    1. Created it yourself
      • Who is you
      • Effect of the Work for Hire Doctrine
        • Section 201 of the Copyright Act
        • Note: Classification of computer software: "The term “literary works” does not connote any criterion of literary merit or qualitative value: it includes catalogs, directories, and similar factual, reference, or instructional works and compilations of data. It also includes computer data bases, and computer programs to the extent that they incorporate authorship in the programmer’s expression of original ideas, as distinguished from the ideas themselves." H.R.Rep. No. 1476, 94th Cong., 2d Sess. 54
        • Note: California Labor Code Section 3351.5 states in part: "Employee" includes: (c) Any person while engaged by contract for the creation of a specially ordered or commissioned work of authorship in which the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, and the ordering or commissioning party obtains ownership of all the rights comprised in the copyright in the work."
      • Patent - "Shop Rights" -- See Blog article on shop rights
      • Employees
      • Contractors
      • Impact of possible joint ownership (see below)
    2. Found it lying around
      • Public Domain
      • Fair Use
    3. Bought it from someone
      • Open Source Software
      • Linked or attached to it/Interoperability
  2. Review of Development Agreements
    1. Development Agreement - Pro Developer
    2. Development Agreement - Pro Customer
    3. Comparison of Development Agreements
    4. Sample ownership clauses
  3. Specific issues with Derivative Works
  4. Specific issues with Joint Ownership
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